Vary liquor licence conditions, hours or capacity

You can apply to the licensing authority if you want to change the conditions of a liquor licence, including trading hours and venue capacity.

When applying you'll need to meet certain requirements and provide a range of documents.

Application fee : $643.00

There is no fee for reducing the capacity or trading hours of a licensed premises but doing so may affect your annual fees.

Varying a licence condition

If the condition you want to change relates to a matter dealt with by a planning or development approval, you should check with your local council before applying for a variation.  The licensing authority may need you to provide a copy of your development approval as part of your application.

If you have an updated development approval, submit it along with your application.

In the following circumstances you're required to provide a community impact submission to demonstrate that the grant of the application is in the community interest:

  • you have a club licence and want to vary your licence conditions to allow the sale of liquor to persons, other than a resident, for takeaway
  • you have a packaged liquor sales licence and want to vary your licence conditions to:
    • remove the condition restricting you to the sale of liquor by direct sales transactions only - eg online sales and mail order
    • remove or vary a condition restricting the type of liquor that you can sell or supply.

Varying your trading hours

Decreasing hours

You can apply to decrease your trading hours. Before applying you should consider any legal obligations you may have, such as your lease.

Increasing hours

As part of your application you may be required to provide a community impact submission to demonstrate that the grant of the application is in the community interest. You need to do this if you have:

  • an on premises licence and you want to increase your hours past 2.00 am unless:
    • the licence already authorises the sale of liquor past 2.00 am on any day
    • the licensed premises is a public conveyance, such as a bus, limousine or boat
  • a club licence and you want to increase your hours past 2.00 am, unless the licence already authorises the sale of liquor past 2.00 am on any day.

Varying capacity

The capacity of a licensed premises is the maximum number of people you intend to allow on the licensed premises at any one time, not the maximum capacity of the building.

Premises means the entire licensed area, not just the building.

When deciding the capacity of your premises you should consider

  • any outdoor areas, for example beer gardens, which will be part of the licensed premises
  • that you can’t have more people on your premises at any one time then what is stated on your liquor licence
  • that you still need to comply with any conditions on any planning and development permits or approvals, local laws and planning schemes.

Increasing capacity

To increase the capacity of your premises you will need to apply to the licensing authority.

As part of your application to increase the capacity of your licensed premises you may be required to provide a capacity assessment from either:

  • the council
  • a private certifier
  • a registered architect.

Decreasing capacity

You can apply to decrease the capacity of your premises.

What happens next

You can log in to LGO at any time to track the progress of your application.

Some applications are sent to  the South Australia Police Licensing Enforcement Branch.

Some are also required to be advertised.

CBS will advise you of the next steps and what you need to do.

Submissions and interventions

If your application needs to be advertised, anyone will be able to submit their concerns and object to the application.

For example, if your neighbours think your business is going to be noisy or if they are concerned your business will have an impact on the neighbourhood they may consider lodging a submission with the commissioner.

The police may also intervene in your application if they have concerns about public safety and disturbance or the fitness and propriety of any person holding the licence.

If all the approvals are in place and there are no concerns raised by any member of the public (submissions) or police (interventions), the application process will take approximately six to eight weeks.

Submissions or interventions must be lodged at least seven days before the determination date.

If anyone submits a concern regarding your application you will receive a copy.

You may then be asked to submit a response to the commissioner.

In some rare circumstances, you may also be asked to:

  • take part in a conciliation conference with SAPOL (or anyone else who submitted their concerns) and the commissioner or a delegate
  • attend a hearing before the Licensing Court.

When determining a matter, the commissioner or delegate must consider all submissions, interventions and responses.

Conciliation conferences and hearings

Contact CBS Liquor and Gaming

Email: liquorandgaming@sa.gov.au

Phone: 131 882

Post:
GPO Box 2169
Adelaide SA 5001


Related information

Other websites


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Page last updated 27 April 2021

Provided by:
Attorney-General's Department
URL:
https://www.sa.gov.au/topics/business-and-trade/liquor/vary-a-licence/vary-conditions
Last Updated:
27/04/21
Printed on:
28/07/21
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2021
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